Central District Consumer Bankruptcy Attorney's Association

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Write the creditor and point out the violation of stay. Tell the
creditor that you will not prosecute if it clears the record by
releasing the lien by filing a release by some date certain. Failure to
do so will cause your client to incur attorney fees for which you'll be
moving the Court for reimbursement.
Steven B. Lever

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Abstract of Judgment was issued on 3/2, BK was filed on 4/2, abstract was
recorded on 5/7. Debtor owns real property. Creditor and counsel received
notice of BK. Do I do a 522(f) motion, or something else? It's a
violation of the stay but is it worth it to file an action against the
creditor for that when it's likely that the abstract was sent off for
recording prepetition but the recorder's office just took a couple months
to get to it? I doubt this was an intentional violation.
Debtor has a recent appraisal of the property and the lien does impair his
exemption.
Any advice is appreciated.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
Abstract of Judgment was issued on 3/2, BK was filed on 4/2, abstract was recorded on 5/7. Debtor owns real property. Creditor and counsel received notice of BK. Do I do a 522(f) motion, or something else? It's a violation of the stay but is it worth it to file an action against the creditor for that when it's likely that the abstract was sent off for recording prepetition but the recorder's office just took a couple months to get to it? I doubt this was an intentional violation.
Debtor has a recent appraisal of the property and the lien does impair his exemption.Any advice is appreciated.Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601

The post was migrated from Yahoo.